THE ORDER OF THE AGENCY ON STANDARDIZATION, METROLOGY, CERTIFICATION AND TRADE INSPECTION UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of February 13, 2013 №18-f/a

About approval of "Procedure for utilization and destruction of foodstuff, non-compliant to the requirements technical regulations"

In pursuance of article 19 of the Law of the Republic of Tajikistan "About safety of foodstuff"

I order:

1. Approve the Procedure for utilization and destruction of foodstuff, non-compliant to the requirements technical regulations.

2. This order to provide to the Ministry of Justice on registration.

3. This order to enact after state registration and official publication.

Approved by the Order of the Agency on standardization, metrology, certification and trade inspection under the Government of the Republic of Tajikistan of February 13, 2013 №18 f / and

Procedure for utilization and destruction of foodstuff, non-compliant to the requirements technical regulations

This procedure is developed based on requirements of article 19 of the Law of the Republic of Tajikistan "About safety of foodstuff" and establishes procedure for withdrawal from turnover and carrying out analyses, destruction or further conversion of foodstuff, materials and products and non-compliant to the requirements technical regulations which use is life-threatening also health of the person, animal and flora and environmental pollution.

1. General provisions

1. All made foodstuff, materials and products imported and realized from legal entities and physical persons in the territory of the Republic of Tajikistan shall conform to requirements of technical regulations, sanitary, veterinary and phytosanitary standards and safety rules.

2. Each foodstuff, material or product intended for realization and storage when importing is exposed to the state supervision for confirmation of safety and in case of identification of dangerous foodstuff, the state supervision body in the field of safety of foodstuff forbids its realization.

3. Foodstuff, materials and products which consumption acknowledged not possible on safety, are withdrawn from circulation and go for storage in separate warehouses with sealing. Withdrawal of products is drawn up by the special act (appendix 1).

4. Dangerous foodstuff is withdrawn from circulation from authorized state bodies in the field of standardization, metrology, certification and trade inspection, the state sanitary and epidemiological surveillance and the state veterinary supervision or at the initiative of legal or the individual with creation of the act (appendix 1).

5. All products both imported, and made in the territory of the Republic of Tajikistan not meeting the requirements of technical regulations, to health, veterinary and phytosanitary regulations and regulations on safety are divided into three types.

a) foodstuff, materials and products expired;

b) foodstuff, materials and products which cannot be used for designated purpose, but it is possible to bring by conversion them to the established requirements of normative and technical documents.

c) food products, materials and products which are dangerous and are unsuitable to consumption.

6. In case of identification of dangerous foodstuff, the use which constitute health hazard and lives of people and the environment, the questions connected with destruction or conversion of products are solved by the commission.

7. The commission is created depending on the location of dangerous product from among representatives of authorized state bodies on standardization, metrology, certification and trade inspection, sanitary and epidemiologic and veterinary services, environmental protection and other state bodies which within the powers carry out supervision of foodstuff.

8. The commission can involve highly skilled scientists, specialists and independent experts in the work.

2. Requirements to withdrawal from turnover of foodstuff, non-compliant to the requirements technical regulations

9. Foodstuff with the expired consumption term, dangerous materials and products, non-compliant to the requirements technical regulations is considered as dangerous and is withdrawn from circulation from the state authorized body on standardization, metrology, certification and trade inspection or on own initiative legal entity and physical person, with creation of the act (appendix 1).

10. Withdrawal from turnover of dangerous foodstuff, without creation of the act, is forbidden.

11. The statement is drawn up in the presence of the owner of foodstuff and in case of impossibility of its transportation seal on the place.

12. Foodstuff which according to requirements of article 11 of the Law of the Republic of Tajikistan "About safety of foodstuff" is considered as dangerous are withdrawn from circulation, according to this procedure with obligatory participation of state bodies on supervision in the field of safety of food products in the Republic of Tajikistan, are destroyed or exposed to further conversion.

13. The foodstuff which is not conforming to requirements of technical regulations according to the conclusion of the commission is processed or destroyed.

3. Procedure for conducting examination on identification of foodstuff, non-compliant to the requirements technical regulations

14. The revealed dangerous products when carrying out the state supervision are withdrawn from circulation and are subject to thorough examination on safety.

15. Dangerous products go for temporary storage and are subject to strict accounting. Responsibility for safety of foodstuff which is stored in warehouses is born by the owner.

16. For conducting examination of products, acknowledged dangerous, according to the existing normative technical documents, sampling is made. Based on analysis results of dangerous products, the commission draws up the conclusion about further conversion or destruction of products unsuitable to consumption (Appendix 2).

4. Procedure for conversion of products unsuitable to consumption to destination

17. Products unsuitable for consumption (application) to destination, shall be processed to compliance to its requirements of regulating documents. Treat types of conversion:

- conversion of products for the purpose of receipt of raw materials;

- conversion of products for the purpose of receipt of other products;

- conversion of products for the purpose of finishing it to normative requirements.

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